RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of April 2, 2003 No. 5

About parole from punishment, replacement of unexpired part of punishment with softer type of punishment, change of type of correctional facility, release from punishment in connection with serious illness

Studying of court practice showed that courts generally consider cases on parole from serving sentence (Art. 69 of UK), change of type of correctional facility (the Art. 50 WICK), cases on release from punishment in connection with serious illness (Art. 71 of UK), replacement of unexpired part of punishment with softer type of punishment (Art. 70 of UK) are less often considered.

But in practice of application of parole by courts from punishment and replacement of unexpired part of punishment with milder pinishment, changes of type of correctional facility and release from punishment in connection with serious illness are available the shortcomings and violations of the law reducing educational impact of these measures.

So, contrary to the requirement of the law allowing application of parole from punishment change of type of correctional facility on softer mode only to those convicts who will be acknowledged as court that for the correction they do not need complete serving of the penalty imposed by court and there are positive data for transfer, some courts apply these measures and to persons who did not prove the correction. Consideration of materials about parole, transfer in colony settlement when such release is not allowed by the law (Art. 69 of the p. 7 UK) is allowed.

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